Phonographic Performance Ltd v Hamilton Entertainment Ltd & Anor
Decision date: 3 December 2013
Neutral citation: [2013] EWHC 3801 (IPEC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
This judgment corrects an earlier error about which fixed-costs scale applied: the pre-1 October 2013 Patents County Court (PCC) scales govern this action by virtue of CPR Update 66 paragraph 25, not the post-1 October 2013 IPEC scales. The parties agreed a revised costs table under the PCC scales, the court accepted reductions to specific awards and removed a separate court-fees award, and the corrected sum payable by the defendants to the claimants is £42,316.29 to be paid within 14 days.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: high
Transitional provisions in CPR updates determine which fixed-costs scales apply where proceedings commenced before the amendment date; where an error in a costs judgment is identified before sealing and the parties agree the variation, the court may vary the judgment accordingly.
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The judge noted that the numerical adjustments under the correct scale did not alter the substantive reasoning of the original judgment. The removal of a separate court-fees award illustrates that entitlement to recover court fees separately can be affected by transitional provisions.